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IP Background

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respective trademarks in accordance with prevalent Directions with the Registry of Deeds and Assurances by means of declaration which is a solemn statement of facts made by the trademark owner. For the foreign clients, local trademark attorneys for and on behalf of them, apply for registration of such a declaration with Power of Attorney , both documents are legalized or attested at the Myanmar Embassy concerned. The original documents abovesaid together with the application form have to be filed for registration.

Along the I.P current in Myanmar it is evident that the application of Registration Act was and will be serviceable or helpful in trade or business matters compliance with possible free market system.

(f) The Copyright Act

It has been enforceable since the time of adoption from India Act No.3 of 1914. For application and reference, sections 1 and 2 read:

“The copyright as set out in the First Schedule and with the modifications set out herein shall apply to the Union of Burma.”*

“In this Act unless there is anything repugnant in the subject or context, -

(1) ‘ the Copyright Act’ means the Act of [Parliament of the United Kingdom of Great Britain and Ireland ]* * entitled the Copyright Act 1911;and
(2) words and expressions defined in the Copyright Act have the same meaning as in that act.”

With reference to section 3 of this Act, portions of the Copyright Act applicable to the Union of Burma are provided as in the First Schedule of copyright Act, 1911. Hereinafter are the provisions:-

“Subject to the provisions of this Act, copyright shall subsist for the term hereinafter mentioned in every original literary, dramatic, musical and artistic work, if-
(a) in the case of a published work, the work was first published within the Union of Burma; and
(b) in the case of an unpublished work, the author was at the date of the marking of the work a citizen of the Union or resident within the Union of Burma;
but in no other works, except so far as the protection conferred by this Act is extended by notification by the President of the Union to foreign Countries.”34

“For the purposes of this Act, ‘copyright’ means the sole right to produce or reproduce the work or any substantial part there of in any material form whatsoever, to perform, or in the case of a lecture to deliner, the work or any substantial part there of in public; if the work is unpublished, to publish the work or any substantial part thereof; and shall in dude the sole right-
(a) to produce, reproduce, perform, or publish any translation of the work;
(b) in the case of a dramatic work, to convert it into a novel or other non-dramatic work;
(c) in the case of a novel or other non-dramatic work or of an artistic work, to convert it into a dramatic
work, by way of performance in public or otherwise;
(d) in the case of a literary, dramatic or musical work, to make any record, perforated roll, cinematograph film, or other contrivance by means of which the work may be mechanically performed or delivered; and to authorize any such acts as aforesaid.”35

* Inserted by the Union of Burma (Adaptation of Laws) Order, 1948
* * Substituted by the same Order.
34 Section 1 (1) The Copyright Act 1911.
35 Section 1 (2) of the Copyright Act 1911.

 

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